Truck driver passenger policy: who can ride, in writing
Federal rules do not ban passengers in trucks. They require the motor carrier to decide, in writing and before the trip, who may ride along.
Written by Inely Baez
The passenger rule in numbers
Yes, a truck driver can have a passenger, but only with written authorization from the motor carrier the truck runs under, as 49 CFR 392.60 requires. A sound truck driver passenger policy puts that authorization in writing: the rider's name, where the trip begins and ends, and when the authorization expires.
Whether a spouse, a child, or a friend can ride along is one of the most common questions drivers ask. The federal answer fits in one paragraph, and it is a process: the carrier decides, in writing, before the trip.
I lead operations at Simplex, and I treat a rider policy like any other control. It needs a standard form, one person who approves it, a place where it is filed, and a check that it was followed.
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Key takeaways
Passengers need the carrier's written authorization
49 CFR 392.60 applies to every commercial motor vehicle other than a bus.
The authorization has three required items
The passenger's name, the points where the trip begins and ends, and the date the authorization expires.
The original stays at the carrier's office
FMCSA guidance says the authorization is kept at the carrier's principal place of business. The driver may carry a copy.
Some riders need no authorization
Employees or others the carrier assigns to the truck, people transported during an accident or emergency, and livestock attendants. Farmers hauling their own products or supplies are exempt.
The seat belt is the bigger violation
In FMCSA's SMS, an unauthorized passenger carries a severity weight of 1. An unbelted passenger carries 7.
In this articleContents
Can a truck driver have a passenger?
Yes, if the motor carrier authorizes it in writing. Under 49 CFR 392.60, no driver may transport any person, or let anyone be transported, on a commercial motor vehicle other than a bus without specific written authorization from the carrier under whose authority the vehicle is operated.
The rule applies to commercial motor vehicles as defined in 49 CFR 390.5, such as trucks with a weight rating of 10,001 pounds or more used in interstate commerce. For intrastate operations, check your state's rules.
Who signs depends on whose authority the truck runs under. A leased owner-operator needs authorization from the carrier they are leased to. If you run under your own authority, you are the motor carrier, so you issue and file the authorization yourself.
What must the written authorization include?
| Required item | What to write |
|---|---|
| Passenger's name | The person being transported |
| Start and end points | Where the transportation begins and where it ends |
| Expiration date | The date the authorization expires |
FMCSA's guidance on 392.60 says the driver does not have to carry the authorization. It must be kept at the carrier's principal place of business, and the carrier may let the driver carry a copy.
A copy in the cab still saves time at the roadside. See what each of the CVSA inspection types covers.
Who can ride without written authorization?
Three kinds of riders need no written authorization under 392.60(a):
- Assigned people. Employees or other persons the motor carrier assigns to the vehicle, such as a team co-driver.
- Accidents and emergencies. Anyone transported while aid is being given after an accident or in another emergency.
- Livestock attendants. A person delegated to care for livestock on the load.
Separately, 392.60(b) exempts trucks controlled and operated by a farmer when hauling agricultural products from the farm, or supplies to it. Everyone else, including family members and friends, needs the written authorization.
The rule sets no minimum age. A carrier can set one, because 49 CFR 390.3(d) lets employers require and enforce stricter safety rules than the federal minimum.
Where and how must a passenger ride?
Buckled. Since August 8, 2016, 49 CFR 392.16(b) has barred driving a property-carrying commercial motor vehicle unless all other occupants in seats with seat belts installed are properly restrained.
The duty sits with both the driver and the carrier. When FMCSA adopted the rule, it pointed to 392.60 as the reason the carrier knows who is on board and can require them to buckle up.
What about the sleeper berth?
The passenger seat belt rule does not reach the berth. In the 2016 final rule, FMCSA did not extend the requirement to sleeper berth restraints, and it describes sleeper berth passengers as people the rule does not apply to.
The equipment is still required. Under 49 CFR 393.76(h), a vehicle built on or after July 1, 1971 with a sleeper berth must have a restraint that keeps the occupant from being ejected during deceleration. A missing restraint is a vehicle violation, whoever is in the berth.
What happens if an inspector finds an unauthorized passenger?
The inspector records a violation of 392.60(a), "Unauthorized passenger on board CMV," and FMCSA's Safety Measurement System (SMS) counts it in the Unsafe Driving BASIC.
| Violation | BASIC | Severity (1 to 10) |
|---|---|---|
| Unauthorized passenger on board a CMV (392.60) | Unsafe Driving | 1 |
| Passenger not using a seat belt in a property-carrying CMV (392.16) | Unsafe Driving | 7 |
| Sleeper berth without an occupant restraint (393.76) | Vehicle Maintenance | 3 |
Missing paperwork weighs little. An unbelted rider weighs seven times as much in the same BASIC. SMS keeps violations for 24 months and counts those from the last six months three times as heavily as those more than a year old.
See how these findings add up in your Unsafe Driving score.
How to set a truck driver passenger policy
Each step turns one part of the rule into a routine with an owner.
Step 1: Decide who may ride
Write down who is eligible, any minimum age, and any trips or loads where riders are never allowed. Federal rules set the floor, and your policy can be stricter.
Step 2: Use one authorization form
Build the three required items into a standard form: the passenger's name, start and end points, and an expiration date. Name the one person who can sign it.
Step 3: File the original, send a copy
Keep the signed authorization at your principal place of business and give the driver a copy for the cab.
Step 4: Make belts part of the approval
Approval should come with the seat belt rule attached, and the sleeper restraint on your pre-trip checklist.
Step 5: Review inspection reports
Look for 392.60 and 392.16 findings by driver each month. A pattern points to the policy, not the person, and our compliance programs include the CSA monitoring that catches it.
How Simplex helps you set rider rules
A passenger rule is only as good as the policy, the paperwork, and the follow-up behind it. We help with each part.
Safety policies and compliance
Our DOT safety compliance team helps carriers with the safety policies, driver files, and records an FMCSA audit asks for.
Violations and CSA scores
Our CSA program support monitors driver performance and designs the policies and training behind better scores.
Coverage questions, answered
Our licensed agents can go over your commercial truck insurance with you, so you know what your policy says before a rider climbs in.
Frequently asked questions
Can truck drivers have passengers?+
Does the driver have to carry the passenger authorization in the truck?+
Does 49 CFR 392.60 apply to buses?+
Can a passenger ride in the sleeper berth?+
Is there a minimum age for truck passengers?+
Where this information comes from
The requirements below come from federal regulations, FMCSA guidance, and FMCSA's Safety Measurement System documents, checked on September 24, 2026.
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1
eCFR — 49 CFR 392.60
The written authorization rule, its three required items, the exceptions, and the farmer exemption.
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2
FMCSA — Guidance Q&A on 392.60
The authorization is kept at the carrier's principal place of business; the driver may carry a copy.
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3
eCFR — 49 CFR 392.16
Seat belt use for drivers and for all other occupants of property-carrying CMVs.
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4
Federal Register — Use of Seat Belts final rule (2016)
The passenger seat belt requirement, effective August 8, 2016, and why it does not extend to the sleeper berth.
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5
eCFR — 49 CFR 393.76
Sleeper berth construction, including the occupant restraint on vehicles built on or after July 1, 1971.
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6
eCFR — 49 CFR 390.3
The rules apply to interstate commerce, and employers may enforce stricter safety requirements.
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7
FMCSA — SMS Methodology Appendix A
Passenger and seat belt violation codes, their BASIC, and their severity weights (version 3.21).
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8
FMCSA — SMS Methodology, version 3.21
The 1-to-10 severity scale, time weights, and the 24-month window.
Written by
Inely Baez
Chief Operating Officer, Simplex Group
Chief Operating Officer at Simplex Group, with nearly eight years at the company leading operational strategy and execution across compliance, technology, logistics, and performance systems. She is a Certified Public Accountant with a background spanning operations and finance, including leadership roles within Simplex's Freight 4 U division and Velox Transport Solutions. Her work focuses on building scalable, disciplined systems that support long-term performance and growth.
Published · Updated
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If you want help writing a rider policy and building it into your safety program, talk to our team.